THE Professional Regulatory Board for Customs
Brokers (PRBCB) is now actively pursuing violators of the
law against corporate practice in the customs broker profession.
ÒWe will now start deliberating on complaints filed
by brokers against corporations that continue to prepare documents
to clear cargoes despite repeated rulings barring corporate
practice of the profession,Ó PRBCB chair Constantino
Calica told PortCalls.
ÒI am once again reiterating that only licensed customs
brokers may sign import and export entries; no corporations
are allowed to practice the customs brokerage profession,Ó
he stressed.
Calica said the complaints, which gathered dust at the PRBCB
for almost two months to give way to the examination and oath
taking of the new batch of customs brokers, all involve violation
of Republic Act 9280 or the Customs Brokers Act of 2004, specifically
Sections 28 and 29, as well as PRBCB memorandum circulars
9 and 10 issued this year.
The PRBCB chairman declined to give identities of the respondents
but hinted that some have already been sued in civilian court.
In case guilt is proven, the respondents face fines of between
P5,000 and P500,000, and not cancellation of license or imprisonment.
The last two penalties, he said, need to be justified based
on the merits of the complaints.
Meanwhile, an affidavit-complaint has separately been filed
recently at a Pasay court against Airlift Asia Customs Brokerage
for alleged violation of RA 9280, specifically the provision
barring corporate practice in the brokerage profession.
Petitioner Virgilio Laudit, a customs broker, claims Airlift
Asia violated RA 9280 by processing papers of two importers.
Airlift Asia has called the affidavit-complaint a ÒharassmentÓ
case.
RA 9280 enacted on March 30, 2004, effectively regulates the
practice of the customs broker profession. Section 29 of the
law provides that the customs broker practice is a professional
service and as such Òno firm, company, or association
may be registered or licensed as such for the practice of
customs broker professionÓ.
In addition, Section 28 provides that no person shall practice
or offer to practice the profession, or use the title unless
one is a registered licensed customs broker.
PRBCB circulars also prohibit the employment of customs brokers
by corporations, noting such would cause brokers to lose their
impartiality.
Also under the PRBCB circulars, natural persons or sole proprietorships
and juridical exporters may not delegate the customs clearance
of their goods to their employees or other persons if they
cannot perform such function but should engage the services
of an independent customs broker.
There is much confusion in the industry because there is another
government issuance, Customs Administrative Order 3-2006-A
which, on the other hand, authorizes customs brokerage corporations
and freight forwarding firms to lodge customs entries and/or
use their employee-customs representatives to transact business
at the BOC.
The CAO operationalizes RA 9280 at the Bureau of Customs.
UNITED Parcel Service (UPS) is expecting
strong business in its Asia-Pacific operation until year-end
after posting substantial growth in the region during the
third quarter of the year.
In a report specifically on its Asia-Pacific operations, UPS
said it expects a strong last quarter particularly in the
small package business. ÒThe company expects the small
package business to be strong in the fourth quarter due to
the solid performance of international deliveries and the
US holiday shipping period. Modest improvement from the supply
chain and freight segment over third quarter results is also
anticipated,Ó Ken Torok, president of UPS Asia Pacific,
said in the report.
ÒWith the growing intra-Asia trade, our aim is to become
the partner of choice for Asian businesses looking to expand
internationally,Ó he added.
UPS is also taking significant steps to improve profitability
of its forwarding and logistics business in a bid to cut non-operating
expenses by 20%.
Based on the report, UPS posted export volume growth in the
Asia Pacific of nearly 15%.
The company also registered solid revenue and profit growth
on the back of a 5% rise in global small package volume and
19.9% increase in international package volume.
Also during the third quarter, the company opened its first
retail centers in China. The launch of the UPS Express centers
in Shanghai’s central business district is the latest
in a series of strategic initiatives to expand UPS’s
operations and brand presence in China.
UPS also operates in 23 cities with over 200 points of access
in China. The US-listed firm is expected to launch its Shanghai
hub early next year but this is not seen to compete with,
but complement, its Asia-Pacific hub in the Philippines.
THE National Economic and Development Authority
(NEDA) and the Philippine Chamber of Commerce and Industry
(PCCI) have formally expressed their desire to privatize North
Harbor using the multi-operator scheme instead of the Philippine
Ports Authority (PPA)-approved single-operator.
In a presentation at the joint hearing of the House Committee
on Economic Affairs last week, NEDA director general Romulo
Neri said both NEDA and PCCI want to have at least two operators
competing against each other at the North Harbor.
This is not the first time that PCCI has changed its mind
about the privatization scheme. Early this year, it wanted
a single-operator scheme, a departure from its earlier proposed
two-operator scheme, claiming so many firms competing for
a very small market is not viable. It then changed its stand
again in October, preferring a phased privatization of the
terminal.
PCCI and NEDA each have one seat on the PPA Board.
As a result of the changes, the privatization program —
supposed to start before year-end — faces further delays.
There are fears that the delay may extend even beyond 2007,
next year being an election year where many projects take
a back seat to the political intramurals.
PPA general manager Atty. Oscar Sevilla, earlier said NEDA
is not acting on its request for clearance of the privatization
program since it wants to have a major shift in the terms
of reference which the PPA submitted in July.
ÒApparently NEDA want us to have two operatorsÉ
they are not acting on our request for clearance,Ó
Sevilla said.
He said that if NEDA and PCCI really want to have multiple
operators, they should come out with an official stand rather
than block the privatization through inaction.
According to PPA officials, inefficiencies at North Harbor
have caused many customers to transfer to nearby ports.
THE Philippine Ports Authority (PPA) has
set its sights on the development of Currimao port in Ilocos
Norte in a bid to make it a cargo and tourist cruise hub.
Located on the southwest side of Ilocos Norte facing the South
China Sea, the Currimao Port is open to both foreign and domestic
trade. The port handles fertilizers, feldspar, petroleum products
and cement.
PPA will spend P20.51 million for the construction of a two-storey
building on the property. It hopes to award the contract to
the winning bidder before Christmas. Construction is expected
to take six months.
The cost is outside the P240 million that the PPA is prepared
to spend for the proposed cruise ship berth. The port does
not belong to the list of priority ports which the PPA would
invest on in the next five years.
Mining firms have expressed interest in investing in Currimao
port. PPA reported that some investors have already visited
the port as well as the private port of Ilocos Norte Mining
Co., Inc early this year. It said the firms manifested their
interest to use the ports as alternate gateways for domestic
and foreign shipments such as iron ore, limestone, aggregates,
and manganese.
Earlier, former Philippine Interisland Shipping Association
executive director Col. Leonardo Odo–o, said the country
does not have a cruise shipping industry due to lack of infrastructure.
ÒHow can cruise ships come to Boracay when there is
no port facility there? As a result there are no real cruise
ships visiting the country,Ó Odo–o said.
At the moment, the country only has a global passenger terminal
in Alava Pier in Subic Bay, which accommodates international
cruise ships traveling in the Asia-Pacific region.
Global Terminal and Development, Inc. has infused more than
P160 million to transform the 18-hectare former military port
facility into a one-stop cruise ship facility with passenger
and tourist parks, a warehouse, grain storage facility, and
ship repair yard
Civil Aeronautics Board chief Atty Carmelo
Arcilla (extreme left) recently swore into office the new
AFPI Board at the Heritage Hotel. From left: Leo M. Tagle,
Director (member company - Yusen Air & Sea); Ferdinand
Tongson, Director (Agility Logistics, formerly Geologistics
Inc.); Ramon De Leon, Director (Pac-Atlantic Lines); Anthony
Dexter Yu, Director (All Transport Network); Dominador De
Guzman, Sergeant-at-arms (Sky Land Brokerage Inc.); Roy Raralio,
1st Vice President (CPI Transport); Antoinette Reyes, Corporate
Secretary (Eagle Express Lines, Inc.); Mariz Regis, PRO (Airspeed
International); Rosemary Su, 2nd Vice President (UTI Global
Logistics Inc.); Jaime Roxas, President (Jugro Transport Inc.);
Cynthia R. Tsui, Chairman of the Board (Asia Overseas Transport);
and Eduardo De Guzman Jr., Chairman Emeritus (Skyfreight Forwarders
Inc.)
